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Bulaw5915: Corporations Law - Assessment Answer

Assignment Task:

Topic 

The following two paragraphs are taken from an article dated 27 December 2018 by Grace Ormsby, published in the online edition of Lawyers Weekly. 

Human rights lawyer and youth adviser for the United Nations Philip Chan was in  conversation with Lawyers Weekly when he said the recent passing of the Modern Slavery Act will “build momentum for the corporate respect for human rights and  towards embedding human rights into Australian companies.” 

Mr. Chan called the act “an opportunity for corporations to manage their reputational and financial risks around modern slavery and human rights, and to improve public trust in their company.” On 27 June 2018 the Modern Slavery Act 2018 (NSW) received assent (NSW Act); and on  10 December 2018 the Modern Slavery Act 2018 (Cth) received assent (Cth Act) 

Required - Part A (15 marks) 

What is meant by ‘modern slavery’? Give an example of behaviour that would be considered modern slavery. Describe the estimated extent and impact of modern slavery in Australia. 

Hint: refer to media reports for articles concerning behaviour that constitutes modern slavery. 

Required - Part B

1. Referring to the Explanatory Memoranda, explain in your own words the purpose of each of the Acts. 

2. To which entities does the Cth Act apply? What are these entities required to do? What are the consequences for non-compliance? 

3. To which entities does the NSW Act apply? What are these entities required to do? What are the consequences for non-compliance? 

4. Identify key differences between the NSW Act and the Cth Act. 

5. Are each of the Acts currently in force? If so, on which dates did the operative provisions commence. If not, why not? 

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